Ethics Hotline & Opinions

ETHICS DOCKET NO. 2005-12

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 2005-12

Non-Maryland Attorney Administering and Providing Legal Advice to the Clients of a Not-For-Profit Maryland Legal Clinic


You ask whether an attorney who is not licensed in Maryland can administer in Maryland a not-for-profit legal advice clinic for low-income Maryland residents and (i) provide advice on the merits of a claim; and (ii) if the claims are viable, referral of the client to a Maryland attorney. You state that you would accept no fees, sign no letters for clients, use no retainer agreements, and would not represent yourself as anyone’s attorney.

We direct your attention to the Business Occupations and Professions Article of the Annotated Code, § 10-101(h), which defines the practice of law as the “giving of legal advice.” To advise individuals in Maryland with respect to legal matters, an attorney must be licensed to practice law pursuant to the laws of Maryland. Rule 5.5 prohibits a lawyer from practicing law in a jurisdiction where doing so violates the regulation of the legal profession of that jurisdiction. The Comments to Rule 5.5, however, state that the definition of the “practice of law” is not an ethical question, but a legal one. As such, the Committee will not opine on this matter. See, e.g. 00-43, 2000-17, 95-23, 96-11. These opinions are available online to members of the Maryland State Bar Association at www.msba.org.

Moreover, Rule 8.4 states that engaging in conduct involving dishonesty, fraud, deceit or misrepresentation constitutes professional misconduct. If the legal definition of practicing law includes the activities described herein, then operating the clinic in Maryland without being licensed to practice law in Maryland would be a violation of the Rules of Professional Conduct. In addition, Rule 8.5 gives Maryland authority to discipline attorneys not admitted to the Maryland Bar who violate these rules.

We thank you for your inquiry and hope the foregoing is of assistance to you.

REFERENCES:

  • Opinions of Maryland Ethics Committee: 2000-43.00-17, 96-11,95-23
  • Md. Code Ann., Business Occupations and Professionals, §§ 1O-101(h), 1-206 (2004).
  • Rule 5.5, Maryland Rules of Professional Conduct
  • Rule 8.4, Maryland Rules of Professional Conduct
  • Rule 8.5, Maryland Rules of Professional Conduct

ASSIGNED TO: Linda D. Schwartz

DATE ASSIGNED: May 6,2005

DATE DISTRlBUTED: September 27,2005


DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.